Home Design Terms and Conditions
of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH Home Design. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Home Design.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "Home Design" shall
relate to Home Design and its affiliates.) The terms and conditions of this
Sale Agreement are subject to change without prior notice, except that the terms
and conditions posted on the Site at the time the Customer initially places
or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
Home Design relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods or
services that have been purchased or sold on the Site in a writing signed by
Home Design. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by contacting
Home Design at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN LOS ANGELES COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods
are paid for by the purchaser and at that time title passes to the purchaser.
Loss or damage that occurs during shipping by a carrier selected by Home Design
is Home Design's responsibility. Loss or damage that occurs during shipping
by a carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties
for exported goods may vary or even be null and void for goods exported outside
the United States. The Customer should inquire further regarding any questions.
Any and all liability is only for the products purchased.
General Legal Disclaimer
Home Design HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Home Design IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by Home Design are third party products and are subject
to the warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, Home Design makes no representation
or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Home Design
reserves the right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
extenuating circumstances. High volume bids are welcome!
While Home Design uses reasonable efforts to include accurate and up-to-date
information on the Site, Home Design makes no warranties or representations
as to the Site's accuracy. Home Design assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of Liability
Home Design WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN. Home Design WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
Home Design IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are
not signatories to this Sale Agreement), Home Design's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this Sale Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any In-person Hearing is required,
it shall be held in Canoga Park, CA. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Home Design until accepted by Home Design. Terms
of payment are within Home Design's sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date
of the invoice. Home Design may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated with the
order.
Freight Policy
Shipping and handling charges on all orders vary; contact your Home Design
account manager for our most current and competitive rates, options and shipping
specials. For the Customer's protection, we ship only to the verified billing
address of the Customer's credit card. In some circumstances, international
shipping may be available. Call for details.
Return Policy
The following refund policy applies
to all products except those stating their own refund policy with the product
description:
- Home Design offers a 15 days return
policy on selected items based on manufacturer return policies. For further
information not listed, please contact your Home Design account manager.
- Please call 818-727-7727 or e-mail our Returns Department
at sd2601@aol.com to obtain a Return Merchandise Authorization (RMA) number
before shipping your product. NO returns of any type will be accepted without
an RMA number. For faster service, please have the following information on
hand when calling for an RMA number: customer name, invoice number, serial
number and nature of the problem.
- All products returned MUST: be 100 percent complete,
contain ALL original boxes and packing materials, have original UPC codes
on the manufacturer boxes, contain all manuals, blank warranty cards and other
accessories and documentation provided by the manufacturer.
- You are responsible for shipping charges on
returned items; Home Design will match your shipping method on your replacement
or exchange item(s).
- Home Design strongly recommends you fully
insure your return shipment in case it is lost or damaged and you use a carrier
that can provide you with proof of delivery for your protection.
- If merchandise arrives damaged: it is best to
REFUSE it back to the carrier attempting delivery. If you accept the package
make sure it is noted on the carrier's delivery record in order for Home Design
to file a damage claim. Save the merchandise AND the original box and packing
it arrived in, notify Home Design immediately to arrange for a carrier inspection
and a pick up of damaged merchandise. If you do not notify Home Design of
damaged goods within the first 15 days of arrival, our regular return policy
will override any claim of damage, and will fall under all current manufacturer
restrictions. Call 818-727-7727 or your Home Design account manager to arrange
for carrier inspection and a pick up of damaged merchandise.
- DEFECTIVE returns can be returned directly to
Home Design within 15 days from the invoice date, at Home Design's
discretion for: credit, replacement, exchange or repair.
- Manufacturer restrictions do apply and are outlined
in our detailed policy. Any item that is missing the UPC can ONLY be replaced
with the same item. After 15 days, all manufacturers' warranties
apply.
- NON-DEFECTIVE returns can be accepted directly
by Home Design within 15 days from the invoice date, at Home Design's
discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to
a 10 percent restocking fee.
- Due to manufacturers' policies, Home Design
cannot accept returns of the following items for exchange, replacement or
credit FOR ANY REASON: (Home Design exceptions). DEFECTIVE merchandise can
be returned for REPAIR ONLY to: Home Design, the manufacturer direct or
any authorized service center in your area. Additional manufacturers may be
added to this list as: manufacturer policies change, manufacturer goes out
of business or in the case of specially ordered items.
Home Design reserves the right to authorize product returns beyond 15
days from the invoice date. IF the product is accepted after
after 15 days and before 30 days, credit will be issued toward FUTURE PURCHASES ONLY.
Original shipping charges are refunded on returned items. Customers
are responsible for all shipping charges back to Home Design on returned items,
and Home Design will pay the shipping charges on the replacement or exchange
item(s) going back.
Credit Cards
Credit card charges are processed online after ordering the products and/or
services.
Also:
Terms and Conditions:
1. Purchase and Sale: Home Design ("Seller) herewith sells and delivers to Buyer, and Buyer hereby purchases the goods enumerated above (the "goods") at the price and on the terms specified in this sales agreement.
2. No Warranties: These goods are sold "As Is". Seller makes no representations, warranties or guarantees, express or implied, regarding the Goods unless set forth in a separate writing delivered to Buyer concurrently with this Sale Agreement, except that Seller delivers goods title to the Goods, free from all liens and encumbrances. Buyer and Seller are dealers in the goods, which are the subject of this agreement.
3. Payment: The Buyer shall remit to the Seller, the purchase price in full, without discount or delay, at the time of Sales. Your statement would show Home Design.
4. Risk of Loss: Buyer bears all risk of loss of the Goods as soon as these are removed from the Sellers premises. We recommend to insure every product which is been shipped to the buyer. But insurance is optional.
5. Defects: Buyer shall note defects on this Sale Agreement at the time of receipt of Goods or with in 10 days of purchase, in the absence of which Buyer has accepted the Goods and irrevocably agrees and acknowledge that goods were received in satisfactory and merchantable condition.
6. Fitness: Buyer acknowledges that Buyer has received and inspected the Goods and approves their quality; Buyer has determined that the Goods are fit for the purpose for which these are intended.
7. Venue Legal Fees: In the event that Buyer or Seller file a law suit relating to this Sale Agreement or to the Goods, such a suit shall be filed in the Northern District of the Los Angeles Superior Court or of the Los Angeles Municipal Court and the prevailing part shall recover as additional damages, its attorney's fees and costs that may reasonably be incurred.
8. Entire Agreement: This agreement constitutes the entire the entire agreement between the parties. There is no collateral oral agreement or oral representations regarding the Goods, all of which in any event hereby are rescinded unless in writing.
9. Credit Authorizations: Buyer hereby consents to the release of information concerning its bank accounts, outstanding loans and credit reference to the seller.
10. Personal Guarantee: To induce Seller to sell the Goods to Buyer, the undersigned principal of Buyer does hereby personally agree, jointly and severally with Buyer to pay Seller for the Goods sold to Buyer of all terms and conditions of this Agreement and of all obligations of Buyer to Seller provided herein. Seller and Buyer may modify, amend and/or waive any terms and/or conditions of this agreement, and Seller may discharge or release any party thereto, all without notice to Guarantor and without affecting the liabilities of guarantor. Seller may assert separate claims against guarantor, regardless of whether Buyer is joined or whether the same is asserted against Buyer. Guarantor waives any defense arising out of the absence impairment or loss of any right of reimbursement or subrogation of Guarantor against Buyer. No discharge of Buyer in bankruptcy or any other insolvency proceeding or otherwise shall in any obligations hereunder. Guarantor shall pay any and all costs including actual attorney fees incurred by Seller to enforce this guaranty and any agreement of Buyer herein. Guarantor hereby waives notice of acceptance of this guaranty, demand for payment, presentation, protest any right to require Seller to proceed against Buyer or under any other remedy before proceeding against Guarantor and nay right of subrogation.
11. Return Policy: Returns or Exchanges is possible only if done within 15 days of Purchase. Shipping not refundable.
12. Shipping: Buyer pays for all shipping and handling charges as agreed at the time of purchase. If exchanged the buyer has to bear 50% of the shipping charges on the second time. If product is exchanged because of defects, then we shall pay all shipping charges.Go to Top The shipping cost is for 48 states in the USA only, Hawaii and Alaska please email us for the cost. Free Shipping is only on a temporary basis and promotion can be removed without notice.
